The "RoHS" legislation pertains to the use of some hazardous substances in electrical and electronic equipment. The Federal Environmental Inspection monitors compliance with this legislation. These controls are designed to check compliance for marketing these devices in Belgium.

The RoHS legislation?

The European "RoHS" legislation (Restriction of the use of certain Hazardous Substances in electrical and electronic equipment (EEE)), aims to restrict the use of some hazardous substances in electrical and electronic equipment (EEE). Thus, it contributes to the protection of human health and environment as well as to the recovery and environmentally sound disposal of EEE waste.

This "RoHS" legislation is the result of the EU Directive 2002/95/EC and intends to restrict the use of six hazardous substances in electrical and electronic equipment (EEE). This directive was transposed into Belgian law by the Royal Decree of 12 October 2004.

The directive has been revised many times in order to integrate the evolution of technical progress in the field of electrical and electronic equipment. The Royal Decree has also been amended several times.

Exemptions have also been provided for some equipment such as compact fluorescent lamps that contain mercury (Hg).

A second directive (Directive 2002/96/EC) specifically focuses on waste of electrical and electronic equipment (WEEE, Waste of EEA). It is inspected by the regions, which are competent in Belgium in the matter of waste.

RoHS controls

"RoHS" controls are carried out at the European level and target some types of electrical or electronic items. Each member state of the European Union is responsible for implementing them.

Controls conducted by the Federal Environmental Inspection focus on marketing compliance of the equipment.

In order to conduct these checks, the Federal Inspection has portable equipment that uses the X-ray fluorescence principle, or in short "XRF" ("X-Ray Fluorescence").

XRF Emballage - mesure sur sachet
XRF device image: Measurement on bag

This technology does not destroy the equipment being inspected. In fact, the "XRF" equipment directly analyses the various parts of the equipment likely to contain metals covered under the "RoHS" legislation.

XRF RoHS - mesure sur circuit 2
XRF device image: Measurement on a computer circuit part 

Parts of electrical or electronic devices detected as positive by the "XRF" system are sent for further analysis in a "RoHS" approved laboratory. The "XRF" apparatus is therefore used for initial detection (screening).

Controlled Substances

Substances that are currently being controlled and targeted under the "RoHS" legislation are:

• lead (Pb);
• mercury (Hg);
• cadmium (Cd);
• hexavalent chromium (Cr+6) or chromium VI;
• polybrominated biphenyls (PBBs) (flame retardant);
• polybrominated diphenyl ethers (PBDE) (flame retardant).

The concentration limits of these substances are included in the legislation along with the electrical and electronic systems falling within the scope of these restrictions.

The metals Pb, Hg, Cd and Cr can be detected directly by the "XRF" apparatus. On the other hand, Cr+6, PBBs and PBDE require to be analysed by accredited laboratories for these parameters.

Penalties for infringements

Penalties for the "RoHS" legislation are provided in the Law of 21 December 1998 and its amendments. This law aims to promote sustainable production and consumption modes as well as protection of the environment and public health.